Stout v. Westover

It is alleged as error on appeal that the district court found the evidence sufficient to sustain plaintiff Freda Stout’s claim for adverse possession. The district court apparently based its ruling in part on I.C. § 5-207, “Possession under written claim of title.” Appellants Westover and Westoe, Inc. contend that the evidence does not support adverse possession under § 5-207 because the warranty deed upon which Freda Stout bases her written claim of title does not include a description of all of the property claimed by Mrs. Stout and included in the judgment by the court. Although the…